EVIDENCE - Methods of proof - Circumstantial evidence - Inferences

Law360 Canada ( July 15, 2021, 11:54 AM EDT) -- Appeal by Boyer from conviction for trafficking in marijuana, laundering proceeds of crime and possession of proceeds of crime, and conspiracy. The charges resulted from a lengthy police investigation into a drug trafficking operation, whereby individuals would travel from Vancouver to Halifax with large quantities of marijuana in suitcases. The investigators amassed evidence identifying certain individuals as couriers, and illustrating the arrangements for and movement of marijuana, secreted in the couriers’ suitcases, on flights from Vancouver to Halifax. The Crown’s theory was that Boyer was a director involved in the management of, but removed from the day-to-day activities of the trafficking operation. A July 2015 daytime undercover surveillance of Boyer’s residence and a series of September 2015 phone conversations between Boyer and alleged co-conspirator Lockett, and between Lockett and courier Germaine were central to the Crown’s cased against Boyer. Boyer did not dispute the existence of the operation but challenged the circumstantial nature of the case and the Crown’s theory he was higher up the conspiracy ladder, with a more senior role as a director of the operation. Boyer argued the verdict was unreasonable....
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